711.400 - Preemption of certain local regulation.

711.400  Preemption of certain local regulation.  This chapter occupies the entire field of franchising and regulation of video service and, except as otherwise provided in NRS 711.640 and 711.670, preempts any local law or agreement with a local government that:

      1.  Requires a person to obtain or hold from a local government any franchise, permit, license or similar authorization, regardless of its name, to provide video service or to construct or operate a video service network, unless the person is an incumbent cable operator which holds an unexpired local franchise and which has elected pursuant to NRS 711.480 and 711.490 to continue to operate within its service area pursuant to the local franchise.

      2.  Regulates the provision of video service or the construction or operation of a video service network if such regulation conflicts or is otherwise inconsistent with the provisions of this chapter or the purposes and objectives of this chapter.

      3.  Requires a video service provider to pay any fee to a local government if the payment of such a fee conflicts or is otherwise inconsistent with the provisions of this chapter or the purposes and objectives of this chapter.

      (Added to NRS by 2007, 1354)